Page 44 - Bancroft Legal Planning Guide

LEGAL ASSISTANCE
As you likely realized by now, Medicaid planning is a complex process, requiring knowledge and expertise in multiple areas of the law, among which public benefits eligibility is just one aspect. Where should one look to find the right kind of assistance and what criteria are relevant to your selection? Asking the questions below can help you make the right choice.
Are you a Certified Elder Law Attorney?
All attorneys in Pennsylvania are licensed to practice law by the Pennsylvania Supreme Court. But only Certified Elder Law Attorneys, with the “CELA”—Certified Elder Law Attorney -- designation are recognized by the Court as elder law specialists. Strict and comprehensive criteria must be met in order to become a CELA. These include a full-day certification examination; rigorous continuing education requirements; substantial experience in a wide range of elder law issues; a favorable evaluation by five elder law attorney specialists; and a similar recertification process every five years.
How many cases like mine have you handled before?
Any lawyer with little or no actual experience can claim to be an elder law attorney. Others may have elder law experience but not with the particular matter involved. For example, there are many lawyers who prepare wills, powers of attorney and living wills who don’t know how to help someone protect their assets against financially ruinous nursing home costs. Ask for specifics, including the types of elder law cases they have handled in the past.
Have you written any articles published in legal journals on elder law topics? Can I see some of them?
As with medicine and many other licensed professions, publication in recognized legal journals or other peer-review periodicals is one indicator that the lawyer you interview has good credentials.
Have you earned any awards or other recognitions in the field of elder law? What are they and who awarded them?
Recognition by colleagues is more than just a plaque on the office wall. Attorneys, as other professionals, know their industry and are more likely to present professional honors on those who stand above their colleagues and the competition. This is another indicator that the lawyer you hire is qualified. Beware, however, of bogus titles. Check them out. For example, one organization that awards the title “Lawyer of Distinction” will hand out the title to anyone who submits an application and sends in a big fee.
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